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In his article, the author asks how legitimacy of law and the concept of rules of law can be described taking into account the interaction between aspects of philosophy and sociology as well as the will of the state in states' constitutions. As the rule of law, versus other kinds of rules in our society, should be regarded as a rule of "three-dimensionality" " an interaction between the will of the state, the social, historical, and economic factors, and the idea or concept of justice ", the author focuses his interest on the examination of these three factors always taking into account that law is the will of the state, but that not every decision of the state can be considered as law.
The World's second oldest system of judicial review of national legislation emerged through court practice from the very first years after the adoption of the Constitution of Norway in 1814. The review is exercised by the ordinary courts at all levels with the single Supreme Court as the last instance. No specialized constitutional court has been established. The independence of the judiciary is generally recognized as high. But what degree of legitimacy should judges appointed in order to ensure ordinary judicial business enjoy when exercising a basically political function like reviewing and possibly setting aside acts of Parliament?